56Transfers between prisons

56 Transfers between prisons The Secretary may, by instrument, direct the transfer of a prisoner or a class of prisoner from one prison to another or from one part of a prison to another part of a prison. S. 56AA inserted by No. 45/2001 s. 16. 56AA Transfers to and from police gaols (1) The Secretary may, by instrument, direct the transfer of a prisoner from a prison to a police gaol. (2) The Secretary may, by instrument, authorise the transfer from a police gaol to a prison of a person who is in the legal custody of the Chief Commissioner of Police under Part 1A. S. 56AB (Heading) amended by No. 26/2014 s. 455(Sch. item 6.3). S. 56AB inserted by No. 45/2001 s. 16. 56AB Legal custody of prisoners and detainees transferred to institutions and designated mental health services (1) This section applies if a prisoner in a prison or a person detained in a police gaol is transferred from the prison or police gaol to— S. 56AB(1)(a) substituted by No. 26/2014 s. 455(Sch. item 6.4), amended by No. 39/2022 s. 805(1). (a) a designated mental health service within the meaning of the **Mental Health and Wellbeing Act 2022** in accordance with that Act; S. 56AB(1)(b) amended by No. 23/2006 s. 235(a), repealed by No. 19/2019 s. 256(1). S. 56AB(1)(c) substituted by No. 23/2006 s. 235(b). (c) a residential treatment facility within the meaning of the **Disability Act 2006** in accordance with that Act. (2) On a transfer referred to in subsection (1) of a prisoner or person, the prisoner or person is deemed to be in the legal custody of— S. 56AB(2)(a) amended by Nos 23/2006 s. 235(c), 26/2014 s. 455(Sch. item 6.5(a)), 39/2022 s. 805(2). (a) the person specified as the person who is to have the custody of the prisoner or person under the **Mental Health and Wellbeing Act 2022**, the **Disability Act 2006** or the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997**; S. 56AB(2)(b) amended by Nos 26/2014 s. 455(Sch. item 6.5), 39/2022 s. 805(2). (b) in the case of a transfer referred to in subsection (1)(a), if no person is specified under the **Mental Health and Wellbeing Act 2022**, the authorised psychiatrist of the designated mental health service; S. 56AB(2)(c) amended by Nos 23/2006 s. 235(c), 19/2019 s. 256(2). (c) in the case of a transfer referred to in subsection (1)(c), if no person is specified under the **Disability Act 2006**, the chief executive of the place to which the prisoner or person is transferred. (3) A transfer referred to in subsection (1) of a prisoner or person occurs when the person who is to have legal custody of the prisoner or person, or a person acting under lawful authority on behalf of the person who is to have legal custody, accepts physical custody of the prisoner or person. Note to s. 56AB amended by Nos 23/2006 s. 235(d), 48/2006 s. 42(Sch. item 8.3), 26/2014 s. 455(Sch. item 6.6), 39/2022 s. 805(3). Specific provision for the transfer or return of prisoners and other people can be found in Chapter 5 and sections 540, 555, 571 and 572 of the **Mental Health and Wellbeing Act 2022**, in sections 161, 166, 177 and 178 of the **Disability Act 2006** and in Part 5.6 of the **Children, Youth and Families Act 2005** (this list is not exhaustive). S. 56AC inserted by No. 2/2005 s. 6. 56AC Transfers to and from transition centres (1) The Secretary may, by instrument, direct the transfer of a prisoner from a prison to a transition centre, or from a transition centre to a prison. (2) The Secretary may only direct the transfer of a prisoner to a transition centre if— (a) the Secretary is satisfied that adequate consideration has been given to the security and good order of the transition centre and the safety and welfare of the prisoner and members of the public; and (b) the transfer is to occur not less than 3 months, and not more than 12 months, before the earliest possible release date of the prisoner; and (c) a transitional activity plan has been developed for the prisoner that identifies the prisoner's rehabilitation or re-integration needs, and that proposes work, community work, education or other programs to address those needs. (3) Without limiting the factors the Secretary may consider, for the purposes of subsection (2)(a) the Secretary must have regard to whether the prisoner— (a) has a significant risk of self-harm; (b) is an active drug user; (c) has a history of violence; (d) has a history of sexual offences or other offences that may make his or her presence at a transition centre inappropriate; (e) has a history of escape, or presents a significant escape risk; (f) has outstanding criminal charges or other legal or disciplinary matters pending. Pt 8 Div. 2A (Heading and s. 56A) inserted by No. 70/1987 s. 8. Division 2A—Absence to give evidence at foreign proceedings S. 56A inserted by No. 70/1987 s. 8.